A jury erroneously concluded an insulation salesman with mesothelioma was a sophisticated product user, immunizing Foster Wheeler from its duty to warn of asbestos risks, a California Court of Appeal ruled April 13 (Moran v. Foster Wheeler Energy Corp., 2016 BL 115493, Cal. Ct. App., B261682, 4/13/16).
Plaintiff Richard Moran’s heirs deserve a second chance to prove industrial boilermaker Foster Wheeler Energy Corp. should have warned the Kaiser Refractories salesman of the dangers associated with asbestos insulation in refractory equipment, the Fourth Appellate District said.
Foster Wheeler presented inadequate expert evidence at trial to prove that the ...
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